HB 1411 Summary

• Prohibits courts from determining child custody based solely on a parent's disability, requiring instead that the proposed custodial arrangement be in the best interest of the child.

• Adds new paragraph (18) to Hawaii Revised Statutes Section 571-46(a) establishing that parental disability cannot be the sole factor in custody awards in family law proceedings.

• Amends Section 587A-7 (safe family home factors) to include the same disability protection provision for child welfare and dependency proceedings.

• Addresses documented bias against parents with disabilities in custody and child welfare cases, citing the National Council on Disability's 2012 report showing such parents face higher rates of child removal and parental rights termination.

• Takes effect upon approval with no retroactive application to rights, penalties, or proceedings that began before the effective date.